S.No |
Classification of the Factories |
Frequency of Inspections |
---|---|---|
1 |
Major Accident Hazards (MAH) installation as defined under Chemical Accident Rules, 1996 |
Twice in a year |
2 |
Hazardous process Industries defined under Section 2(cb) of Factories Act, 1948 |
Once in a year |
3 |
Factories involving dangerous processes & operation and using Dangerous machineries specified under Rule 129 and Rule 57 of the Karnataka Factories Rules, 1969 |
|
4 |
Factories employing more than 100 women workers |
|
5 |
Factories employing more than 500 workers |
|
6 |
Non-hazardous factories employing 101 to 500 workers |
Once in two years |
7 |
Non-hazardous factories employing below 100 |
Once in three years |
8 |
Non-hazardous factories employing below 100 and with self-certification |
10% of the factories under the Scheme |
9 |
Non-hazardous factories employing below 100 and with third party certification |
5% of the factories under the Scheme |
The inspector shall be guided by the administrative instructions issued by Director and Govt from time to time and general principles of conduct as stipulated by the Govt. Servants Conduct Rule.
During inspection, the inspector has mandate under section 8 of Factories Act, 1948 to verify compliance of all applicable provisions of the Factories Act, 1948, The Karnataka Factories Rules 1969 and the Karnataka Control of Industrial Major Hazard Accident (Karnataka) Rules 1994 which are available under Public Domain. The inspector shall be guided by the provisions prescribed in these statutes.
The inspector shall be required to verify copy of licenses, approved drawings, process details, Standard Operating Procedures and Safety Maintenance Practices, work permits, documents pertaining to on-site and off-site emergency, audit reports, health check-up records, statutory registers as applicable and the occupier is expected to remain in readiness with such details
On completion of inspection, the inspector shall issue an online report based on the details captured in checklist (prescribed format). The report shall be uploaded on portal within 48 hours of inspection as mandated
"Worker" means a person [employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not] in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process 3[but does not include any member of the armed force of the Union];
Factory means any premises where in 20 or more workers are working to carry out a manufacturing process with the aid of powers OR whereon 40 or more workers are working to carry out a manufacturing process without the aid of power. Also Government has made this act applicable to power looms, saw mills, certain industries which use hazardous chemicals, and certain processes carried out using flammable solvents by publishing a notification, even if the number of workers are less than 20. Occupier is not allowed to use any premises as a 'factory' unless he has obtained a valid factory Act license.
Boiler is a closed vessel in which steam is generated for use external to itself but does not include a pressure vessel, if,
(If any of the above condition is fulfilled then the vessel is not a boiler)
Yes. As per section 7 of Boilers Act – 1923 it is mandatory to get the boiler registered.
Certificate of boiler is issued for a period of one year from the date of inspection after carrying out inspection/tests prescribed as per technical standards laid down in Indian Boiler Regulations – 1950 (IBR – 1950).
Section 6(c) of Boilers Act – 1923 prohibits use of a boiler after expiry of validity of its certificate. Hence, it is mandatory to get the boiler inspected after expiry of validity period. If plant is forced shutdown due to other reasons, inspection of boiler can be arranged during the period of shutdown; i.e. before the validity of the certificate so that boiler may not be stopped again for annual inspection.
As per provision of section 8(4) of the Boilers Act – 1923 Boiler Inspectorate has to carry out inspection within 15 days from the date of receipt of application. If Boiler Inspectorate does not carry out inspection then owner of boiler is entitled to use the boiler as per section 10(1) of the Act.
Unserviceable boiler has to be cut into pieces & scrapped so that same can not be illegally used. Such scrapped boiler should be offered for physical inspection so that its registration may be cancelled.
(Under Section 23 of the Water Act, 1974, under Section 24 of the Air Act, 1981 and under Section 10 of the Environment (Protection) Act, 1986)
Any person who proposes to establish or operate an industry/ operation/process which is likely to discharge sewage/trade effluents has to obtain prior Consent to Establish/ Consent to Operate from the Karnataka State Pollution Control Board (Board), under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974, and under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981by submitting prescribed application forms complete in all respect. Also the Occupier has to obtain prior Authorization from the Board for handling Hazardous/Bio-medical waste besides to obtain Registration to manufacture plastic carry bags under the various Rules made under the Environment (Protection) Act, 1986. On receipt of applications for consent the Board may make such inquiry as it deemed fit by following prescribed procedure before grant of consent. Similarly the Board has to satisfy that the occupier possesses the necessary capacity/facility to handle the waste before issue of authorization. In order to make inquiry, assess the capability and also to ascertain compliance to the conditions prescribed earlier inspections are being carried out as per the relevant provisions of Water Act, Air Act and under the Environment (Protection) Act, 1986.
The inspections have an impact on the measurement of actual level of operation and maintenance of pollution control systems. They also provide regulators with a more accurate pollution profile of the plants. ‘There will also be an impact on the behavior of industries and other stakeholders for improvements in their environmental performance.
Consent to Establish (CTE) is granted subject to the projects meeting the siting guidelines, adequacy of the proposals for pollution control measures and in case of projects covered under EIA Notification there shall be an EC issued by the Competent Authority.
The Consent to Operate (CTO) is granted subject to compliance with conditions stipulated in CTE and earlier CTOs for renewal.
Hence in order to ensure compliances Inspection & Monitoring has to be carried out. This enhances the environmental performance of industries and other stakeholders.
S.No |
Category of Industry |
Category |
Frequency of visit and sampling |
---|---|---|---|
1 |
Small Scale |
Red |
At least once in a year |
2 |
Small Scale |
Orange |
At least once in 3 years |
3 |
Large, Medium & Small-scale industries |
Green |
The green category of industries with history of satisfactory compliance is exempted from environmental compliance inspection |
4 |
Large & Medium Scale |
Red |
At least once in 3 months |
5 |
Large & Medium Scale |
Orange |
At least once in a year |
Objectives of inspection:
The inspecting officer shall follow the following procedures for inspection;
The Inspection will be scheduled as per the Central Inspection System, by randomly allocating the Inspecting Officer. The details of the Inspection, like time/ date and the Inspector will be communicated to the entity through the registered email is and contact number.
During the day of Inspection, the Inspector will Mobilize personnel for stack and/or AAQ Monitoring and effluent sample collection. Will Check the fitness of stack monitoring kits, high volume samples, etc. The Inspecting officer will carry sufficient thimbles/filter papers/chemical solutions etc. after conditioning in lab. Ensure that the chemical solutions are freshly prepared.
Concerned file of the unit along with inspection check list.
The Inspecting officer shall meet the representative of the unit present at the time of inspection and will brief about the purpose of the inspection. Inspection / sampling as the case may be, will be carried out in presence of the representative of the unit. After the Inspection , the Inspector will take the acknowledgement from the representative of the entity.
After completion of the inspection, conduct a brief meeting with the senior level officials and management representative and apprise them of all major deficiencies/ lapses/ non-compliances observed during inspection and suggest remedial measures.
The Inspecting Officer will upload the inspection report Central Inspection System Portal within 48 hours. The report can be downloaded by the entity through their respective login.
Criteria for Categorization of Establishments: The inspection mechanism for certain establishments need to be mandatory and certain other category of establishments it needs to be optional. The Specific criteria to be applied for classifying establishments in to two categories are listed out below;
Mandatory Inspections: - In the following cases, the Inspection shall be mandatory for all units at least once in a year,
Optional Inspections: The inspections in the case of other types of establishments shall be optional.
Risk based Assessment and Categorization of Establishments: For the purpose of carrying but meaningful and result oriented inspection, categorization of establishments based on risk factors is necessary. Hence the rational for categorization of establishments based on various risk factors is summarized below;
Risk categorization on the basis of Number of Workers: Risk in the perspective of the State Government for categorization of establishments into High Risk Establishments (HRE), Medium Risk Establishments (MRE) and Low Risk Establishments (LRE) as relates to Risk to the employees in terms of their rights and interests Such as Wages, Remuneration, Leave, Holiday, Working Hours, Worksite Facilities, Safety, Security, Health, Welfare, Social security, Bonus, Provident Fund, Insurance, Accident Compensation, Gratuity etc. The Categorization of establishments into four (04) Categories is briefly described below,
Risk Categorization on the basis of Number of Contract Workers Engaged:-
There are certain establishments employing large number of contract workers some times more than the number of regular workers. In such establishments, the terms and conditions of employment of regular workers and contract workers are totally different and contract workers are more prone to exploitation. The establishments employing contract workers are categorized as High Risk Establishments (HRE).
Risk Categorization on the basis of Nature of Activity of the Establishment:-
In certain activities workers are prone to exploitation besides risk of accidents and health hazards. On the basis of hazardousness of the activity the following establishments are categorized as High Risk Establishments (HRE).
Classification of Industries as High Risk Establishments (HRE):
S.No |
Name of The Industry |
---|---|
1 |
Agarbatti Industries. |
2 |
Aluminum Industries |
3 |
Wood Industries |
4 |
Beedi Making |
5 |
Bricks Making and Brick Klins |
6 |
Textile Mills. |
7 |
Cement and Allied Industry |
8 |
Chakki Flour Mills. |
9 |
Chemical & Pharmaceutical Industries. |
10 |
Candle Manufacturing. |
11 |
Engineering industry including automobile Industry. |
12 |
Pan Masala and Gutkha manufacturing Industries. |
13 |
Cotton Ginning Industry. |
14 |
Metal Rolling, Re- Rolling Industry ( Ferrous and Non Ferrous) |
15 |
Plywood Industries |
16 |
Rubber Processing and Rubber Manufacturing |
17 |
Wood Industries. |
18 |
Sugar Industries |
19 |
Tiles Manufacturing |
20 |
Transport Industry |
21 |
Petrol Pumps and LP gas Distribution Workers |
22 |
Construction or Maintenance of (1) Roads or Building Operation & (2) Stone Breaking and Stone Crushing. |
23 |
Forestry & Timbering Operation |
24 |
Electricity Generating Project |
25 |
Printing Press. |
On the same basis the following establishments are categorized as Medium Risk Establishment (MRE);
SN |
Name of The Industry |
---|---|
1 |
Beverages Manufactories And Vending Establishment |
2 |
Flour Mills |
3 |
Food Processing |
4 |
Gold and Silver Ornament and other Articles Of Artic Design Manufacturing |
5 |
Ice-Cream and Ice-Candy Manufacturing and Vending Establishment |
6 |
Ice Factory and Cold Storage |
7 |
Paper Industries |
8 |
Photo & Picture Frame Manufacturing |
9 |
Poultry & Cattle Feed Manufacturing |
10 |
Rice & Oil Mills |
11 |
Soap Making Industries |
12 |
Trunk & Bucket Manufacturing |
13 |
Tanneries & Leather Manufacturing |
14 |
Bakery |
15 |
Breweries & Distillery |
16 |
Black Smith |
17 |
Biscuit Manufacturing |
18 |
Film (Production, Distribution & Exhibition) Industry |
19 |
Carpentry |
20 |
Clubs |
21 |
Canteen |
22 |
Cleaner |
23 |
Coaching Academics including Nursing and English Medium Schools and Technical Institutes |
24 |
Earth Cutting, Earth Removing, Earth Filling and Earth Leaving Operation |
25 |
Fruit Preservation |
26 |
Gold Smith |
27 |
Hair Cutting Saloon and Spa |
28 |
Grass Cutting & Wood Cutting |
29 |
Premises Wherein Cows and Buffaloes or Both are kept for Milking Poultries and dairies. |
30 |
Fooding & All other similar Processes |
31 |
Printing and Dying Clothes |
32 |
Private Hospitals and Nursing homes /Pathological Laboratories/Dispensaries |
33 |
Readymade Garments |
34 |
Shops, Commercial Establishment Covers by the Schedule Shop and Commercial Establishment, Eating House and Restaurants |
35 |
Small Selling Cooked Food Stuff |
36 |
Transportation |
37 |
Marketing and Distribution of Petroleum Products |
38 |
Tailoring Industries |
39 |
Theatres |
40 |
Tube-Well Sinking Workers, Helpers & Welders ( Minor Engineering) |
41 |
Edible Oil Workers |
42 |
Agriculture |
43 |
Contractors Establishment. Of the Forest Department |
44 |
Co-Operative Marketing Societies |
45 |
Co-Operative Bank (Other than Co-Operative Central Bank & Apex) Co-Operative Consumers Societies / Banks |
46 |
Fishing/Horticulture/Sericulture |
47 |
Casual/ Muster Roll Workers in Food Control Dept |
48 |
Handloom Weaving Establishment./Kahadis village |
49 |
Horticulture Operation |
50 |
Casual/ Muster Roll Workers in Irrigation Dept. |
51 |
Khadi & Village Industry |
52 |
Municipalities & Town Committees |
53 |
Public Motor Transport Including Government Corporation |
54 |
Casual/ Muster Roll Workers Employed in Public Health Department |
55 |
Poultry & Dairy Farm |
56 |
Steamerghat |
57 |
Sericulture Operation |
Note: The above two lists are subject to revision in a periodic manner for addition of more establishments as and when necessary by the State Government
The Government of Karnataka has classified industries to streamline and simplify the inspection system vide notification No: LD 396 LET 2015, Dated 05.10.2006. when in industries are classified as Low Risk, Medium Risk and High risk. And Timeline also fixed once in three years, twice in three years, two times in year alternatively.
Inspection process start with issue of notes of inspection followed by show cause notice and prosecution / claim. If proper complaints submitted within stipulated time further action will be dropped.
The Establishments will be informed by the system well ahead of time about the date/ time of the Inspection and the details of the Inspecting officer.
A pre defined Checklist is for every Act / Rules. Can be downloaded from the Department tab in this site.
Labour inspector to Deputy labour commissioner level will perform inspection.
Analysis of acts applicable, Interaction, Gathering Information and recording statement of workmen and taking photocopies If required.
Name and address of the Establishment, Name and address of the employer, Nature of the business , number of employees, wages paid to employees and Registration under Deferent acts.
The Inspecting officer will be uploading the Inspection report to the CIS Portal and can be downloaded from the users / establishment login.
The Inspecting officer will be uploading the Inspection report to the CIS Portal and can be downloaded from the users / establishment login.
(a) Manufacturer
S.No |
Description of Weight or measure to be inspected and Verified |
Risk Category |
At Least Periodicity |
---|---|---|---|
1 |
Manufacturing Licences of Storage Tanks |
Low |
36 Months |
2 |
Manufacturing Licences of all weights or measures other than Storage Tanks |
High |
12 Months |
(b) Repairer
S.No |
Description of Weight or measure to be inspected and Verified |
Risk Category |
At Least Periodicity |
---|---|---|---|
1 |
Repairing Licences (Calibration) of Storage Tanks |
Low |
36 Months |
2 |
Repairing Licences of all weights, capacity measures, length measures, tape, beam scale and counter machine |
Medium |
24 Months |
3 |
Repairing Licences of all weight or measures including tank lorry other than weights, capacity measures, length measures, tape, beam scale and counter machine and storage tanks. |
High |
12 Months |
(c) Dealer
S.No |
Description of Weight or measure to be inspected and Verified |
Risk Category |
At Least Periodicity |
---|---|---|---|
S.No |
Description of Weight or measure to be inspected and Verified |
Risk Category |
At Least Periodicity |
1 |
Dealing Licences for all weight or measure |
High |
12 Months |
Surprise Inspection Procedure is as follow
At Manufacturers premises:
At the Dealers / Repairer Premises:
Procedure for Renewals (Automatic Non-discretionary deemed renewal) |
---|
The license of the establishments under the Legal Metrology Act 2009, and the Karnataka Legal Metrology (Enforcement) Rules, 2011 shall be auto – renewed based on the fee payment prescribed through the department portal (www.emapan.karnataka.gov.in). The Manufacturer / Dealer / Repairer of Weights / Measures and Weighing and Measuring Instruments need to submit the applications and pay the appropriate fee for obtaining auto renewals. In the case of Auto Renewals, there will not be any inspections at the time of renewal. |
The Central Inspection system will facilitate Inspections for Manufactures, Dealers, & Repairers and for Packers, Importers & Manufacture for Package Commodities. Based on the risk criteria classification and the type of the entity, Central Inspection System portal will prompt the requirement of the Inspection and will schedule the Inspection accordingly.
The Central Inspection System is a single window for interaction between consumers and department. The objective of having the system is to have no physical touch point with the investor.
To increase transparency in compliance inspection process and allow businesses to access inspection reports online.
The Central Inspection System will randomly allocate the Inspector based on the availability. But system will also ensures that the same Inspector will not visit the entity two consecutive times.
The Inspecting officer will be conducting the Inspection only based on the predefined Check list. The Check list of Inspection can be downloaded in the respective section
The Inspecting officer will be uploading the Inspecting report to CIS Portal with in 48 Hrs and the entity can access through their login.
Talk to Cauvery
CIS HelpDesk